When things are going well the majority of people don’t think about the law governing employment. They work, get paid, enjoy vacations, and attend an occasional unpleasant meeting, then get on with their lives.
When the routine of work is interrupted, it may raise legal issues. A promise to promote disappears. A manager’s behavior is more uncomfortable. The employee has a new role when they return from their medical leave. A complainant’s letter to HR makes things worse or worse. A long-running career comes to an abrupt end with a dismissal notice. It’s often a surprise to workers how easily workplace issues can overlap.
When a Workplace Disput Doesn’t Have an Easy Name
For instance, an employee has worked with the same company for seven years. The employee who expressed concerns regarding inappropriate remarks made by management notices a shift after raising the issue. Important assignments disappear, meetings occur without supervision, and several months later their position is removed.
Do they involve harassment, retaliation, discrimination or even dismissal? There may be more than one aspect to take into consideration. Anyone who is facing harassment at work in Toronto should not assume that the incidents following a complaint were unrelated. The order of events and the specific facts can be vital when determining what legal options are available.
A Job Changes Without Informally Ending
The possibility of disputes with employers can occur without anyone saying “You’re fired.” A significant pay cut, a significant reduction in rank, or a major shift of responsibilities may make a person wonder if employers are actually changing the employment agreement with something fundamentally different.
This can raise questions about the law of Ontario regarding constructive dismissal. The law of constructive dismissal is fact-specific. It is not the case that all difficult assignments, managerial decisions or workplace changes qualify. Employees considering resignation because of an important change must be careful not to assume they already know what the legal requirements are.
If you lose your job When you lose your job, a myriad of questions are raised.
Money is usually the first thing to cross your the mind when a job ends. “How much will I be paid for my severance?” sounds like a straightforward question, but there may not be a one-size-fits-all solution. Employment contracts, applicable legislation and the length of time that employees have served, compensation, and other conditions could affect an employee’s entitlements.
Someone searching for a lawyer who handles severance payments near me may be benefited by having the complete finalization package reviewed instead of just focusing on the amount of weeks that are offered.
Likewise, wrongful dismissal Ontario doesn’t simply mean an employee believes the termination was unfair. The legal review could also be based on whether or not the decision was fair, as well as the compensation amount as well as notice given.
Certain employees are covered under a different legal system
Another aspect that is easy to miss is the type of employer. Many Ontario employees are subject to regulation primarily by the provincial law on employment. Certain industries, on the other on the other hand, are controlled at a federal levels. Certain industries are covered by federal law.
There are other issues that can arise for unionized workers including human rights and claims for duty of fair representation. Knowing the legal framework applicable to an employment dispute is important.
Employment Law is all about the relation between the two parties.
HTW Law is a Toronto employment law firm serving the Greater Toronto Area and handling provincial employment matters throughout Ontario. Its practice covers wrongful and constructive dismissal and severance, workplace harassment, discrimination, sexual harassment, reprisal, disability discrimination, HRTO and OLRB matters, and related human rights concerns. The firm also assists in matters that concern employees who are federally regulated across Canada.
It’s not always simple to identify workplace disputes. An argument over work conditions may turn into a harassment claim, a significant change in employment, or even termination.
Knowing the events that led to the employee’s final day can be as important as understanding what actually transpired.